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Discrimination / Harassment

Act fast to stop any potential retaliation against worker who complains about bias, harassment

05/11/2011

Many employees who file discrimination claims are on the alert for potential retaliation. That’s why HR should always check back with employees who file harassment or discrimination charges. If those employees report anything that smacks of retaliation, fix the problem right away.

When is sending 64 ‘sexts’ in one day NOT harassment?

05/11/2011
Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give their employer the opportunity to try to right the wrong …

Dayton: the next New Haven? Police hiring tests to be tossed

05/06/2011

Dayton officials are poised to toss out 748 passing police-hiring exam scores and conduct oral interviews to improve minority hiring for the city’s police department. At first glance, the situation in Day­­ton seems to resemble the case in Ricci v. DeStefano, a 2009 U.S. Supreme Court case. There are important differences, however.

Even lawyers ‘lawyer up’ in employment law cases

05/04/2011
Former Ropes & Gray partner Patricia Martone is suing the multinational law firm for age and sex discrimina­tion and ERISA violations. According to her complaint, senior partners pressured her to turn over some of her key clients to younger, male partners. When Martone refused, she says, she was fired.

Eaton Corp. faces sex discrimination suit

05/04/2011
Two former employees at electronics company Eaton Corp. have filed suit in a New York federal court, claiming the company systematically discriminates against women.

Minor mistakes aren’t enough to prove bias

05/04/2011
If you sometimes agonize over firing an employee for fear of litigation, relax. As long as you act honestly, the employee probably can’t successfully sue.

Bias against applicants who never apply? Ruling in case involving criminal background checks

05/04/2011

Under limited circumstances, a job applicant might be able to win a discrimination lawsuit without actually applying for a job. For example, someone could conceivably prove that it would have been be futile to even bother filling out an application. Fortunately, such cases are rare.

Granting reasonable accommodation isn’t enough–you must make sure it actually happens

05/04/2011

It’s one thing to grant a reasonable accommodation request. It’s another thing entirely to make the accommodation happen. Once you have approved an accommodation, someone from HR must ensure the decision is implemented.

Does PDA cover cases of in vitro fertilization?

05/04/2011
Until now, courts have frequently concluded that a woman who is fired for undergoing fertility treatments—that is, fired before becoming pregnant—probably isn’t covered by the Pregnancy Dis­crimination Act. But now a court has concluded that women who undergo in vitro fertilization efforts are protected under the PDA. That’s because only women can undergo the process.

Don’t take the rap for harassment after hours

05/04/2011

Courts are beginning to realize that there is only so much an employer can do to prevent sexual harassment. Take, for example, off-duty and off-premises sexual harassment. While employers probably are responsible for a supervisor’s sexual assault or harassment, chances are they won’t be held liable for the same conduct by a co-worker.